Constitution is ambiguous about definition of disqualification, remarks CJP Bandial

The Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial on Friday remarked that the Constitution is ambiguous about the definition of disqualification.

Read more: E-court system to address issues of overseas Pakistanis launched 

The apex court five-member bench headed by Chief Justice Umar Ata Bandial conducted the hearing of a presidential reference on interpretation of Article 63 (A) of the Constitution.

During the hearing, CJP Umar Ata remarked that the constitution is ambiguous about the definition of disqualification and asked the attorney general for Pakistan to explain to the court when a member would be disqualified for life.

The apex court asked the AGP how conscience could guide a person to a righteous path as soon as he goes to Sindh House.

The Chief Justice remarked that article 62 (1) (f) sheds light on the qualification of a lawmaker and there is no such thing regarding disqualification in it. There is no need for Article 63 if there is a democracy in the party. Beauty of the article is that it should not be used.

Justice Jamal Mandokhail asked why the president did not invite parliamentary parties to seek their advice on the matter. “Is it not appropriate for the president to approach parliamentary parties before reaching out to the court? The Constitution could be amended with the consultation of all the parties,” he added.

Justice Mazhar Alam asked why the government was in a hurry and how they could decide on a crime which is not yet committed.

Read more: Islamabad court sentences Usman Mirza for life imprisonment

To this, the AGP replied that the opinion from the court was sought to stop the crime rather than action against it after it is being committed.

Later, the apex court adjourned the hearing till Monday. Attorney General Khalid Jawed Khan will complete his arguments in the next hearing.